NEWSLETTER

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Stricter enforcement of environmental legislation is needed

INADEQUATE enforcement of appropriate legislation is one of main causes of unethical behaviour towards the environment, claim respondents in an opinion survey conducted by the Unit for Environmental Ethics (University of Stellenbosch) in Cape Town and surrounds.

A total of 94% of respondents in the survey, which included developers, government officials, politicians, activists, researchers and consultants, called for an environmental protection agency to be created that was able to prosecute environmental offenders.

The questionnaire in the opinion survey, used the baseline of 2002, was compiled by researchers following a series of focus group discussions with the above-mentioned sectors. The aim was to identify the key areas of ethical concern in Cape Town and surrounds and to recommend areas of further investigation. It was not intended as a forensic audit.

The report stated that a total of 76% of respondents were of the opinion that the penalties for the enforcement of environmental legislation were not severe enough and a total of 99% of respondents indicated that an enforceable penalty system for environmental transgressions was needed as a solution.

Commenting on the key findings of the report, Unit for Environmental Ethics head Prof Johan Hattingh said: “Structural problems in environmental decision-making cause unethical behaviour that taints all decisions that are made with the best of intentions. This creates an ideal smokescreen behind which ruthless and/or unscrupulous operators can take shortcuts.”

The report suggested that an audit of environmental decision-making procedures should be done in each of the three tiers of government. This followed concerns that the legal and institutional framework in place for environmental decision-making was not functioning adequately.

The financial relationship between the developer and the consultant in Environmental Impact Assessments caused many respondents to doubt the independence of consultants. The report suggested that the possibility of consultants being appointed by an independent third party needed to be investigated. This followed a total of 96% of respondents in the opinion survey supporting the view that consultants should be appointed by an independent third party

On the political front, the opinion survey showed that political intervention in legal processes like Environmental Impact Assessments (EIA) was not trusted. It was suggested that an investigation needed to be taken into the relationship between legal processes and ministerial instruction.

Public participation processes in EIAs also came under scrutiny. The possibility of professionalising and accrediting public participation practitioners needed to be researched, said the report. It was also suggested that the role of community-based organisations in public participation processes should be recognised.

Training was another key item of ethical concern in the opinion survey. The report suggested that environmental decision-making in Cape Town would be boosted if the public, government officials and politicians all received training. A training “needs-analysis” for government at a national, provincial and local level was suggested as well as training courses in environmental decision-making for politicians. Members of the public should be educated through a capacity building fund linked to the EIA process, read the report.

Concern about the inability of environmental decision-makers to implement sustainable development was also highlighted in the report. In order to ensure the effective implementation of the principles of the National Environmental Management Act in a developing city like Cape Town, roleplayers needed to be skilled in handling deep-seated conflicting values.

For more information on the opinion survey and report please contact Leanne Seeliger on (021) 808-2988.

"This creates an ideal smokescreen behind which ruthless and/or unscrupulous operators can take shortcuts..."